# § 3441. Transfers from Department of Health, Education, and Welfare
**(a)** **Functions transferred to Secretary** There are transferred to the Secretary—
**(1)** all functions of the Assistant Secretary for Education and of the Commissioner of Education of the Department of Health, Education, and Welfare, and all functions of the Office of such Assistant Secretary and of the Education Division of the Department of Health, Education, and Welfare and of any officer or component of such Office or Division;
**(2)** all functions of the Secretary of Health, Education, and Welfare and of the Department of Health, Education, and Welfare under—
**(A)** the General Education Provisions Act [20 U.S.C. 1221 et seq.];
**(B)** the Elementary and Secondary Education Act of 1965;
**(C)** the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.];
**(D)** the Education Amendments of 1978;
**(E)** the Act of August 30, 1890 (7 U.S.C. 321–328);
**(F)** the National Defense Education Act of 1958;
**(G)** the International Education Act of 1966;
**(H)** the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.];
**(I)** part B of title V of the Economic Opportunity Act of 1964 [42 U.S.C. 2929 et seq.];
**(J)** the National Commission on Libraries and Information Science Act;
**(K)** the Vocational Education Act of 1963;
**(L)** the Career Education Incentive Act;
**(M)** laws relating to the relationship between (i) Gallaudet College, Howard University, the American Printing House for the Blind, and the National Technical Institute for the Deaf, and (ii) the Department of Health, Education, and Welfare;
**(N)** the Model Secondary School for the Deaf Act;
**(O)** subpart A[C] of part IV of title III of the Communications Act of 1934 [47 U.S.C. 395 et seq.] with respect to the telecommunications demonstration program;
**(P)** section 550 of title 40 with respect to donations of surplus property for educational purposes; and
**(Q)** the Alcohol and Drug Abuse Education Act;
**(3)** all functions of the Secretary of Health, Education, and Welfare and of the Department of Health, Education, and Welfare with respect to or being administered by the Office for Civil Rights which relate to functions transferred by this section;
**(4)**
**(A)** all functions of the Secretary of Health, Education, and Welfare and of the Department of Health, Education, and Welfare under the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.], except that the provisions of this subparagraph shall not be construed to transfer to the Secretary the functions of the Secretary of Health, Education, and Welfare under sections 222 and 1615 of the Social Security Act [42 U.S.C. 422 and 1382d];
**(B)** all functions with respect to or being administered by the Secretary of Health, Education, and Welfare through the Commissioner of Rehabilitation Services under the Act of June 20, 1936, commonly referred to as the Randolph-Sheppard Act (20 U.S.C. 107 et seq.);
**(C)** all functions of the Commissioner of Rehabilitation and the Director of the National Institute of Handicapped Research of the Department of Health, Education, and Welfare under the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.];
**(5)** all functions of the Advisory Council on Education Statistics; and
**(6)** all functions of the Federal Education Data Acquisition Council.
**(b)** **Offices, etc., transferred to Department** There are transferred to the Department—
**(1)** all offices in the Office of the Assistant Secretary for Education or in the Education Division of the Department of Health, Education, and Welfare;
**(2)** all offices in the Department of Health, Education, and Welfare established under the provisions of law listed in subparagraphs (A) through (Q) of subsection (a)(2);
**(3)** all offices in the Department of Health, Education, and Welfare established under the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.];
**(4)** the Advisory Council on Education Statistics;
**(5)** the Federal Education Data Acquisition Council; and
**(6)** any advisory committee of the Department of Health, Education, and Welfare giving advice or making recommendations that primarily concern education functions transferred by this section.
**(c)** **Administrative functions transferred to Secretary** There are transferred to the Secretary all functions of the Secretary of Health, Education, and Welfare, the Assistant Secretary for Education, or the Commissioner of Education of the Department of Health, Education, and Welfare, as the case may be, with respect to—
**(1)** the Education Division of the Department of Health, Education, and Welfare;
**(2)** the Office of the Assistant Secretary for Education, including the National Center for Education Statistics; and
**(3)** any advisory committee in the Department of Health, Education, and Welfare giving advice and making recommendations principally concerning education functions transferred by this section.
**(d)** **Reservation of functions relating to Project Head Start** 42 U.S.C. 2928
Nothing in the provisions of this section or in the provisions of this chapter shall authorize the transfer of functions under part A of title V of the Economic Opportunity Act of 1964 [ et seq.], relating to Project Head Start, from the Secretary of Health, Education, and Welfare to the Secretary.
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**Source Credit**: (Pub. L. 96–88, title III, § 301, Oct. 17, 1979, 93 Stat. 677; Pub. L. 101–476, title IX, § 901(a)(2), Oct. 30, 1990, 104 Stat. 1142; Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 709(b)(2)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–313.)
## Editorial Notes
### References in Text
The General Education Provisions Act, referred to in subsec. (a)(2)(A), is title IV of , , , which is classified generally to chapter 31 (§ 1221 et seq.) of this title. For complete classification of this Act to the Code, see and Tables.
The Elementary and Secondary Education Act of 1965, referred to in subsec. (a)(2)(B), is , , , which is classified generally to chapter 70 (§ 6301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
The Higher Education Act of 1965, referred to in subsec. (a)(2)(C), is , , , which is classified generally to chapter 28 (§ 1001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
The Education Amendments of 1978, referred to in subsec. (a)(2)(D), is , , . For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under and Tables.
Act of (), referred to in subsec. (a)(2)(E), is , , popularly known as the Agricultural College Act of 1890 and also as the Second Morrill Act, which is classified generally to subchapter II (§ 321 et seq.) of chapter 13 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
The National Defense Education Act of 1958, referred to in subsec. (a)(2)(F), is , , , which was classified principally to chapter 17 (§ 401 et seq.) of this title prior to omission from the Code. For complete classification of this Act to the Code, see Tables.
The International Education Act of 1966, referred to in subsec. (a)(2)(G), is , , , which was classified principally to chapter 29 (§ 1171 et seq.) of this title and was substantially repealed by . For complete classification of this Act to the Code, see Tables.
The Individuals with Disabilities Education Act, referred to in subsec. (a)(2)(H), is title VI of , , , which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see and Tables.
The Economic Opportunity Act of 1964, referred to in subsecs. (a)(2)(I) and (d), is , , . Parts A and B of title V of the Economic Opportunity Act of 1964 were classified generally to parts A (§ 2928 et seq.) and B (§ 2929 et seq.) of subchapter V of chapter 34 of Title 42, The Public Health and Welfare, prior to repeal by , , . For complete classification of this Act to the Code, see Tables.
The National Commission on Libraries and Information Science Act, referred to in subsec. (a)(2)(J), is , , , which was classified generally to chapter 34 (§ 1501 et seq.) of this title, and was repealed by , , .
The Vocational Education Act of 1963, referred to in subsec. (a)(2)(K), was title I of , , , as amended generally by , , , which was classified to chapter 44 (§ 2301 et seq.) of this title, prior to amendment by , , , striking out all after the enacting clause and inserting in lieu thereof titles I to V, to be cited as the Carl D. Perkins Vocational Education Act. The Act was subsequently amended extensively by , , , which renamed it the Carl D. Perkins Vocational and Applied Technology Education Act, amended generally by , , , which renamed it the Carl D. Perkins Vocational and Technical Education Act of 1998, and again amended generally by , , , which renamed it the Carl D. Perkins Career and Technical Education Act of 2006. For additional details, see Codification note preceding .
The Career Education Incentive Act, referred to in subsec. (a)(2)(L), is , , , which was classified principally to chapter 46 (§ 2601 et seq.) of this title prior to its repeal by , , .
The Model Secondary School for the Deaf Act, referred to in subsec. (a)(2)(N), is , , , which was classified to subchapter II (§ 693 et seq.) of chapter 20B of this title, and was repealed by , , . See section 4321 et seq. of this title.
The Communications Act of 1934, referred to in subsec. (a)(2)(O), is , . Subpart A of part IV of title III of the Act (which is classified principally to subpart A (§ 390 et seq.) of part IV of subchapter III of chapter 5 of Title 47, Telecommunications) was amended by , , , and, as so amended, the provisions relating to telecommunications demonstrations which had appeared in subpart A were restated in a new subpart B (§ 395 et seq.). Subpart B was subsequently redesignated subpart C by , , . For complete classification of the 1934 Act to the Code, see and Tables.
The Alcohol and Drug Abuse Education Act, referred to in subsec. (a)(2)(Q), is , , , which was classified generally to chapter 14 (§ 1001 et seq.) of Title 21, Food and Drugs, prior to repeal by , , .
The Rehabilitation Act of 1973, referred to in subsecs. (a)(4)(A), (C), and (b)(3), is , , , which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Act of , referred to in subsec. (a)(4)(B), is , , known as the Randolph-Sheppard Act and also popularly known as the Randolph-Sheppard Vending Stand Act, which is classified generally to chapter 6A (§ 107 et seq.) of this title. For complete classification of this Act to the Code, see Short Title notes set out under and Tables.
### Codification
“” substituted in subsec. (a)(2)(P) for “section 203(k) of the Federal Property and Administrative Services Act of 1949” on authority of , , , the first section of which enacted Title 40, Public Buildings, Property, and Works.
### Amendments
1996—Subsec. (a)(5) to (7). , redesignated pars. (6) and (7) as (5) and (6), respectively, and struck out former par. (5) which transferred all functions of the Institute of Museum Services of the Department of Health, Education, and Welfare to the Secretary of Education.
Subsec. (b)(4) to (7). , redesignated pars. (5) to (7) as (4) to (6), respectively, and struck out former par. (4) which transferred the offices, etc., of the Institute of Museum Services of the Department of Health, Education, and Welfare to the Department of Education.
1990—Subsec. (a)(2)(H). substituted “Individuals with Disabilities Education Act” for “Education of the Handicapped Act”.
## Statutory Notes and Related Subsidiaries
### Change of Name
Gallaudet College, referred to in subsec. (a)(2)(M), redesignated Gallaudet University by , , , which is classified to .
### Effective Date of 1990 Amendment
Amendment by effective , see , set out as a note under .